[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Proposed Rules]
[Pages 2192-2194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-859]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 944
[SPATS No. UT-032-FOR]
Utah Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of revisions pertaining to a previously-proposed
amendment to the Utah abandoned mine land reclamation (AMLR) plan
(hereinafter, the ``Utah plan'') under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). The revisions to Utah's proposed rules
pertain to the definitions of ``eligible lands and water'' and ``left
or abandoned in either an unreclaimed or inadequately reclaimed
condition,'' and to general reclamation requirements for coal lands and
waters. The amendment is intended to revise the Utah plan to meet the
requirements of the corresponding Federal regulations, to incorporate
the additional flexibility afforded by the revised Federal regulations,
to clarify ambiguities, and to improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.d.t., January
29, 1998.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Utah plan, the proposed amendment, and all written
comments received in response to this document will be available for
public review at the addresses listed below during normal business
hours, Monday through Friday, excluding holidays. Each requester may
receive one free copy of the proposed amendment by contacting OSM's
Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202
Mark R. Mesch, Administrator, Abandoned Mine Reclamation Program,
Division of Oil, Gas and Mining, 1594 West North Temple, Suite 1210,
Box 145801, Salt Lake City, Utah 84114-5801, (801) 538-5340
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 844-1424.
SUPPLEMENTARY INFORMATION:
I. Background on the Utah Plan
On June 3, 1983, the Secretary of the Interior approved the Utah
plan. General background information on the Utah plan, including the
Secretary's findings and the disposition of comments, can be found in
the June 3, 1983, Federal Register (48 FR 24876). Subsequent actions
concerning Utah's plan and plan amendments can be found at 944.25.
II. Proposed Amendment
By letter dated August 5, 1995, Utah submitted a proposed amendment
to its plan (administrative record No. UT-1071) pursuant to SMCRA (30
U.S.C. 1201 et seq.). Utah submitted the proposed amendment at its own
initiative and in response to a September 26, 1994, letter
(administrative record No. UT-1011) that OSM sent to Utah in accordance
with 30 CFR 884.15(b). The provisions of the Utah Administrative Rules
(Utah Admin. R.) that Utah proposed to revise and add were: Utah Admin.
R. 643-870-500, definitions of ``eligible lands and water,'' ``left or
abandoned in either an unreclaimed or inadequately reclaimed
condition,'' and ``Secretary;'' Utah Admin. R. 643-874-100, -110, -124
through -128, -130 through -132, -140 through -144, -150, and -160,
general reclamation requirements for coal lands and waters; Utah Admin.
R. 643-875-120 and -122 through -125, -130 through -133, -141 through -
142, -150 through -155, -160, -170, -180, -190, and -200, noncoal
reclamation; Utah Admin. R. 643-877-141, rights of entry; Utah Admin.
R. 643-879-141, -152.200, -153, and -154, acquisition, management, and
disposition of lands and water; Utah Admin. R. 643-882-132, reclamation
on private land; Utah Admin. R. 643-884-150, State reclamation plan
amendments; Utah Admin. R. 643-886-130 through -190, State reclamation
grants; and Utah Admin. R. 643-886-232.240, reports.
OSM announced receipt of the proposed amendment in the August 22,
1995, Federal Register (60 FR 43577), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. UT-1071-3).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on September 21, 1995.
During its review of the amendment, OSM identified concerns
relating to the provisions of Utah Admin. R. 643-870-500, definitions
of ``eligible lands and water'' and ``left or abandoned in either an
unreclaimed or inadequately reclaimed condition;'' Utah Admin. R. 643-
874-120, -121, -123 through-125, and -128, general reclamation
requirements; Utah Admin. R. 643-875-132, certification of completion
of reclamation of coal sites; Utah Admin. R. 643-877-120, rights of
entry; Utah Admin. R. 643-879-154, disposition of reclaimed land; and
Utah Admin. R. 643-882-121 and -122, appraisals. OSM notified Utah of
the concerns by letter dated March 26, 1996 (administrative record No.
UT-1071-8). Utah responded in a letter dated March 12, 1997, by
submitting a revised amendment and additional explanatory information
(administrative record No. UT-1071-9).
Utah proposed revisions to and additional explanatory information
for Utah Admin. R. 643-870-500,
[[Page 2193]]
definitions of ``eligible lands and water'' and ``left or abandoned in
either an unreclaimed or inadequately reclaimed condition,'' and Utah
Admin. R. 643-874-120, -121, -124, and -125, general reclamation
requirements.
OSM announced receipt of the proposed revisions and additional
explanatory information in the April 7, 1997, Federal Register (62 FR
16507), and invited public comment on the substantive adequacy of the
proposed changes (administrative record No. UT-1071-11). The public
comment period ended on April 22, 1997.
During its review of the revisions and additional explanatory
information submitted by Utah, OSM identified concerns relating to the
provisions of Utah Admin. R. 643-870-500, definitions of ``eligible
lands and water'' and ``left or abandoned in either an unreclaimed or
inadequately reclaimed condition.'' OSM notified Utah of the concerns
by telephone conversation record dated September 8, 1997
(administrative record No. UT-1071-14). Utah responded in a letter
dated December 30, 1997, by submitting a revised amendment
(administrative record No. UT-1071-15).
Utah proposes revisions to Utah Admin. R. 643-870-500, definitions
of ``eligible lands and water'' and ``left or abandoned in either an
unreclaimed or inadequately reclaimed condition,'' and Utah Admin. R.
643-874-125, general reclamation requirements.
Specifically, Utah proposes to revise its definition of the term
``eligible lands and water'' at Utah Admin. R. 643-870-500 to read:
``Eligible lands and water'' means land and water eligible for
reclamation or drainage abatement expenditures which were mined for
coal or which were affected by such mining, wastebanks, coal
processing, or other coal mining processes and left or abandoned in
either an unreclaimed or inadequately reclaimed condition prior to
August 3, 1977, and for which there is no continuing reclamation
responsibility. Provided, however, that lands and water damaged by
coal mining operations after that date may also be eligible if they
meet the requirements specified in R643-874-124 and R643-874-125.
For additional eligibility requirements for water projects, see
R643-874-140. For additional eligibility requirements for lands
affected by remaining operations see R643-874-128. For eligibility
requirements for lands affected by mining for minerals other than
coal, see R643-875-140.
Utah is also proposing to revise its definition of ``left or
abandoned in either an unreclaimed or inadequately reclaimed
condition'' at Utah Admin. R. 643-870-500 to read:
``Left or abandoned in either an unreclaimed or inadequately
reclaimed condition'' means lands and water:
(a) Which were mined or which were affected by such mining,
wastebanks, processing or other mining processes prior to August 3,
1977, and all mining has ceased;
(b) Which continue, in their present condition, to degrade
substantially the quality of the environment, prevent or damage the
beneficial use of land or water resources, or endanger the health
and safety of the public; and
(c) For which there is no continuing reclamation responsibility
under State or Federal Laws, except as provided in R643-874-124 and
R643-874-142.
In addition, Utah proposes to revise its rules at Utah Admin. R.
643-874-125 to read:
The Reclamation Program may expend funds made available under
[Utah Code Annotated (UCA)] Sections 40-10-25.1(2) and (3) of the
Act for reclamation and abatement of any site eligible under
paragraph 124 of this section, if the Reclamation Program, with the
concurrence of the Secretary, makes the findings required in
paragraph 124 of this section and the Reclamation Program determines
that the reclamation priority of the site is the same or more urgent
than the reclamation priority for lands and water eligible pursuant
to paragraphs 120, 121, 122, or 123 of this section that qualify as
a priority 1 or 2 site under [UCA] Section 40-10-25(2) of the Act.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Utah plan
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. In accordance with the provisions of 30 CFR 884.15(a), OSM
is seeking comments on whether the proposed amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14. If the amendment is
deemed adequate, it will become part of the Utah plan.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Denver Field Division will
not necessarily be considered in the final rulemaking or included in
the administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of Tribe or State AMLR plans and
revisions thereof since each such plan is drafted and promulgated by a
specific Tribe or State, not by OSM. Decisions on proposed Tribe or
State AMLR plans and revisions thereof submitted by a Tribe or State
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and the
applicable Federal regulations at 30 CFR Parts 884 and 888.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed Tribe or State AMLR plans and revisions
thereof are categorically excluded from compliance with the National
Environmental Policy Act (42 U.S.C. 4332) by the Manual of the
Department of the Interior (516 DM 6, appendix 8, paragraph 8.4B(29)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The Tribe or State submittal which is the subject of this rule is based
upon Federal regulations for which an economic analysis was prepared
and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
established by SMCRA or previously promulgated by OSM will be
implemented by the Tribe or State. In making the determination as to
whether this rule would have a significant economic impact, the
Department relied upon the data and assumptions in the analyses for the
corresponding Federal regulations.
6. Unfunded Mandates Reform Act
This rule will not impose a cost of $100 million or more in any
given year
[[Page 2194]]
on any governmental entity or private sector.
List of Subjects in 30 CFR Part 944
Abandoned mine reclamation programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: January 7, 1998.
Linda M. Wagner,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 98-859 Filed 1-13-98; 8:45 am]
BILLING CODE 4310-05-M
